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Questions Answered by Eric Ridley

1 Answer | Asked in Consumer Law for California on

Q: I never received a copy of the signed vehicle agreement after I already took possession of the car. Can I return the car

Eric Ridley answered on Feb 4, 2011

While you should have received a copy of the contract, you were bound once you signed the agreement. You may have other valid reasons for rescinding your purchase. If you think you do, you should speak with an attorney.

1 Answer | Asked in Consumer Law for California on

Q: Is a signed vehicle agreement contract bound if I took possession of the vehicle but did not receive the a copy?

Eric Ridley answered on Feb 4, 2011

While you should have received a copy of the contract, you were bound once you signed the agreement.

2 Answers | Asked in Contracts for California on

Q: I have a secondhand dealer licence in california. I bought $24,000 worth of coins (not tangible property) for $6000. The

Customer came back the next day, saying he wants to reverse the transaction.

He did not get a receipt, but signes a secondhand dealer report form. Law says that coins are not "tangible personal property". Doe that mean I don't have to hold those for 30 days?

Do I have to give him the... Read more »

Eric Ridley answered on Feb 3, 2011

It sounds like you may have bought these coins with the knowledge that they were worth far more than you were paying him for them. If so, he may have a right to sue you for recission of the contract. If you took advantage of him because of your superior knowledge of the coins, you're very likely to... Read more »

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1 Answer | Asked in Collections for California on

Q: What can i do to get a car repossession off of my credit score?

Eric Ridley answered on Feb 3, 2011

Not much, unfortunately. Derogatory entries will remain for a period of 7 years (10 years for bankruptcies). If there is an error, you can challenge the accuracy of the entry, and the reporting agency has to verify the entry within a short time period, or remove it.

1 Answer | Asked in Bankruptcy for California on

Q: I am permanently and totally disabled, and insolvent. Are liens against my forclosed property dischargable in BK?

Eric Ridley answered on Jan 30, 2011

In general, if the lien was secured by the property, then it is dischargeable to the extent that the property is no longer available. If you like, please call me and I can explain in more detail.

2 Answers | Asked in Family Law for California on

Q: I would like to legally change my sons last name from his fathers to mine. What is the cost of and what do I have to do?

His dad lives in a different state, he has only seen him twice(before he was 1yr old), he doesn't provide me with child support and my son is almost 5.

Eric Ridley answered on Jan 30, 2011

Do you have a court order terminating the father's parental rights? Even though he has been absent, before you proceed, you should get a court to award you full physical and legal custody. Once you've done so, changing a name is simple and inexpensive, and you can do it without an attorney.

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3 Answers | Asked in Family Law and Child Support for California on

Q: Am i still liable for child support if the child was a result of my husband having an affair with another woman

Eric Ridley answered on Jan 30, 2011

Are you saying you have no biological relationship to the child? If so, have you been raising the child as part of your family? If that's the case, a court might still order you to pay support. If you never acted in any parental capacity towards the child, and the child is not yours by biology,... Read more »

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2 Answers | Asked in Business Law for California on

Q: What happens if a spouse has removed me from a business in which I'm a board member on without my knowledge?

Eric Ridley answered on Jan 30, 2011

Well, in the first place it sounds like you and your spouse have larger issues to work out. That aside, how were you removed from the board without a board meeting and a vote? This should not happen, absent some irregularity.

The question then becomes whether it's worth litigating the issue...
Read more »

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1 Answer | Asked in Bankruptcy for California on

Q: Is there away to pull up a bankruptcy file online?

Eric Ridley answered on Jan 30, 2011

Yes there is. You can pull any bankruptcy records from the PACER system, which is run by the federal government. You will need to register and provide a credit card number, but PACER costs are very inexpensive. http://www.pacer.gov

1 Answer | Asked in Bankruptcy for California on

Q: What does this mean to me

I filed for bankruptcy (Chapter 7)last november and today I got a letter that says: Notice of Motion and motion for relief from the automatic stay under 11 U.S.C. what is this?

Eric Ridley answered on Jan 30, 2011

It means that one of your creditors is requesting that the Court permit them to continue collecting on your debt to them, in spite of your bankruptcy proceeding. You should immediately check with a bankruptcy attorney for your options.

1 Answer | Asked in Consumer Law for California on

Q: Would late fees that are higher than value of vehicle be considered "erroneous"? VC 42231

Eric Ridley answered on Jan 27, 2011

Not likely. Since the late fees would not have been due had the initial fees been paid on time, they are merely a penalty.

1 Answer | Asked in Traffic Tickets for California on

Q: If both names are on a car registration and 19year old suspended license and the other 17 non-licensed who has rights

Eric Ridley answered on Jan 27, 2011

The fact that the 19-year old has a license suspension isn't relevant to what they own or to what they owe. You can own a car without having the right to drive it.

2 Answers | Asked in Bankruptcy for California on

Q: I THINK I need a BKR lawyer for an adversary proceediing. In the SF Bay area.

Eric Ridley answered on Jan 27, 2011

Do you mean you've been served with an adversary proceeding, or you are in BK and you think you need to open an adversary proceeding? You should get in touch with a BK lawyer near you.

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1 Answer | Asked in DUI / DWI for California on

Q: 20 year old bench warrent - please review additional details

20 years ago a misdemeanor bench warrant was issued from a California county and is still outstanding and was entered into a system that identifies warrants 16 years ago. The warrant was issued from a 21 year old wet reckless/DUI case with probation in the same California County. The warrant was... Read more »

Eric Ridley answered on Jan 27, 2011

A 20-year old warrant is as valid as a 1 month old warrant, in the eyes of the Court. The person involved needs to contact an attorney right away to untangle this mess before it becomes worse. If their mental health would be jeopardized by incarceration, an attorney will bring that to the attention... Read more »

1 Answer | Asked in Business Law for California on

Q: How do I obtain a license to manufacture and sell hard cider to local business in small quantities in California?

Eric Ridley answered on Jan 27, 2011

Contact the Alcoholic Beverage Control Board at http://www.abc.ca.gov/ and get their guidelines for this limited use.

1 Answer | Asked in Consumer Law for California on

Q: CAn the charge of selling liquor without a license affect my credit profile (can i buy a house through bank)

Eric Ridley answered on Jan 27, 2011

While a conviction might (I stress *might*) appear on your credit report, a charge by itself is not likely to appear.

1 Answer | Asked in Consumer Law for California on

Q: Is a gym allowed to raise monthly rates on a membership contract in CA without written notiication?

Eric Ridley answered on Jan 25, 2011

If the contract provides for rate increases with notice provided on a website, often that is acceptable (not cool, but acceptable).

1 Answer | Asked in Consumer Law for California on

Q: How do I know if this call is fake or true? I did nothing wrong but they said I did.

My husband and I did something stupid. We filed for a payday loan on-line. They called our home to verify the information we gave them but they were not able to give us a loan big enough to fix our situation. We told them to forget it. We financed our truck instead. I am now getting calls from... Read more »

Eric Ridley answered on Jan 25, 2011

Unless you have been served with a complaint by a process server, you are most likely not required to appear anywhere. They are trying to strong-arm you. Make copies of all of the relevant paperwork and mail it to their corporate offices, certified mail, return receipt requested. Usually that will... Read more »

1 Answer | Asked in Consumer Law for California on

Q: How do i sue a autobody shop for taking over a year to fix my car and lost wages due to them having it still

Eric Ridley answered on Jan 25, 2011

You can file an action in small claims court, if the total amount you believe you lost is less than the maximum permitted in your jurisdiction. However, you must also send the shop a letter first, demanding the return of your vehicle.

If the amount you have lost exceeds the small court...
Read more »

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